LIBRARY OF CONGRESSCopyright Office

[Docket No. 2003-3 CARP NCBRA]

Cost of Living Adjustment for Performance of Musical Compositions by Colleges and Universities

AGENCY: Copyright Office, Library of Congress.

ACTION: Final rule

SUMMARY:

The Copyright Office of the Library of Congress announces a cost of living adjustment
of 2% in the royalty rates paid by colleges, universities, or other nonprofit
educational institutions that are not
affiliated with National Public Radio for the use of copyrighted published nondramatic
musical compositions in the BMI, ASCAP and SESAC repertoires. The cost of living
adjustment is based on the change in the Consumer Price Index from October, 2002
to October, 2003.

FOR FURTHER INFORMATION CONTACT:

SUPPLEMENTARY INFORMATION:

Section 118 of the Copyright Act, 17 U.S.C., creates a compulsory license for
the use of published nondramatic musical works and published pictorial, graphic,
and sculptural works in connection with noncommercial broadcasting. Terms and
rates for this compulsory license, applicable to parties who are not subject
to privately negotiated licenses, are published in 37 CFR part 253 and are subject
to adjustment at five-year intervals. 17 U.S.C. 118(c).

The most recent proceeding to consider the terms and rates for the section
118 license occurred in 2002. 67 FR 15414 (April 1, 2002). Final regulations
governing the terms and rates of copyright royalty payments with respect to
certain uses by public broadcasting entities of published nondramatic musical
works, and published pictorial, graphic, and sculptural works for the license
period beginning January 1, 2003, and ending December 31, 2007, were published
in the Federal Register on December 17, 2002. 67 FR 77170 (December 17, 2002).

Pursuant to these regulations, on December 1 of each year the Librarian shall
publish a notice of the change in the cost of living as determined by the Consumer
Price Index (all consumers, all items) during the period from the most recent
Index published prior to the previous notice, to the most recent Index published
prior to December 1, of that year. 37 CFR 253.10(a). The regulations also require
that the Librarian publish a revised schedule of rates for the public performance
of musical compositions in the ASCAP, BMI, and SESAC repertoires by public broadcasting
entities licensed to colleges and universities, reflecting the change in the
Consumer Price Index. 37 CFR 253.10(b). Accordingly, the Copyright Office of
the Library of Congress is hereby announcing the change in the Consumer Price
Index and performing the annual cost of living adjustment to the rates set out
in Sec. 253.5(c).

The change in the cost of living as determined by the Consumer Price Index
(all consumers, all items) during the period from the most recent Index published
before December 1, 2002, to the most recent Index published before December
1, 2003, is 2% (2002's figure was 181.3; the figure for 2003 is 185.0, based
on 1982-1984=100 as a reference base). Rounding off to the nearest dollar, the
royalty rates for the use of musical compositions in the repertories of ASCAP,
BMI, and SESAC are $254, $254, and $82, respectively.

List of Subjects in 37 CFR Part 260

Copyright, Radio, Television.

Final Regulation

For the reasons set forth in the preamble, part 253 of title 37 of the
Code of Federal Regulations is amended as follows:

PART 253--USE OF CERTAIN COPYRIGHTED WORKS IN CONNECTION WITH
NONCOMMERCIAL EDUCATIONAL BROADCASTING

The authority citation for part 253 continues to read as follows:

Authority: 17 U.S.C. 118, 801(b)(1) and 803.

Section 253.5 is amended by revising paragraphs (c)(1) through (c)(3) as
follows:

Sec. 253.5 Performance of musical compositions by public broadcasting entities
licensed to colleges and universities.

* * * * *
(c) * * *
(1) For all such compositions in the repertory of ASCAP, $254
annually.
(2) For all such compositions in the repertory of BMI, $254
annually.
(3) For all such compositions in the repertory of SESAC, $82
annually.
* * * * *